Neese v. Shawnee Medical Center Hospital, Inc.

SUMMERS, Justice.

In 1974 appellant Robert F. Neese suffered a back injury while unloading a sofa from a truck. He was hospitalized and elected to have back surgery by Dr. Balan at the Shawnee Medical Center Hospital. During the surgery the tip of a stainless steel surgical forceps, a pituitary rongeur, broke off in the patient’s spinal area. Dr. Balan and his assisting surgeons were unable to retrieve the tip and it remains embedded in Mr. Neese’s back. Suit was brought by Mr. Neese and his wife for damages. Named as defendants were the hospital, the surgeon, the clinic with which the surgeon…